Port says condemning Seabrook land legal

Published 7:00 pm, Tuesday, May 14, 2002

The Port also said some opponents of the facility are attempting to "mislead the public and confuse the issue."

The Port is interested in several hundred acres of land near Highway 146 for an entranceway to the Bayport facility and a railroad line.

On April 22, a Houston Port Authority agenda item stated the Port was considering purchasing that property. However, if the owners were not interested in selling, the Port said it would condemn the land by right of eminent domain.

The Port of Houston is able under Texas law to acquire land by condemning it under eminent domain. But several legal experts said Texas Water Code legislation requires the Port to get approval from Seabrook city officials before condemning land there.

Not true, says the Port.

"(I)t is legally incorrect in supposing that Texas Water Code Section 62.106(d) is an impediment to the (Port's) acquisition of land needed for the proposed Bayport facility," the Port said through a public relations firm.

"The Port of Houston Authority is legislatively authorized to exercise all powers…to condemn under Water Code Section 61.161, which does not require the consent of a municipality."

Seabrook City Council last week instructed City Manager Bo McDaniel to "start working with interested parties" to "stop the Port of Houston Authority from acquiring the three tracts of land by purchase or by condemnation…"

Several Seabrook city officials said the city has no plans of selling or otherwise giving up the properties, which include the 43-acre Cameron Park Grounds - used for the Seabrook Music Festival - and a 180-acre tract north of El Jardin.

A third tract is owned by American Acryl manufacturing facility. Officials with American Acryl say they have no intention of selling the property to the Port, either.

Local attorneys last week said the Port would have to take the matter to the courts to convince a judge the Port has a public necessity for the land.

In response, the Port said, "Making such an inaccurate claim is an unfortunate attempt by some opponents of the Bayport facility to mislead the public and confuse the issue."

"The fact is that Bayport is the best location for this new world-class facility - environmentally, logistically, commercially and socially.

"It will strengthen the Houston area's competitiveness in international trade and provide thousands of jobs and expanded consumer choices. This region's economic future depends on building Bayport."

The Port also said the issue of the Texas Water Code stopping Bayport's progress was not pertinent to acquisition of the Seabrook properties.

"In sum, the issue raised is not one we believe is a valid impediment to the Port's acquisition of Bayport-related property, which the Port is in the process of acquiring by purchase or, if necessary, by condemnation," the Port continued.